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Store Regulations

REGULATIONS OF THE ONLINE GALLERY

EPICENTRUM ART GALLERY

§1. INTRODUCTION

  1. The Regulations have been issued pursuant to Article 8(1)(1) of the Act of July 18, 2002, on the Provision of Electronic Services and are made available free of charge in a form that allows for downloading, recording, and printing.
  2. The Regulations define the general terms and technical requirements for using the Service, the rules for concluding and terminating Agreements for the provision of Electronic Services, intellectual property rights, and the complaint procedure.

§2. DEFINITIONS

  • Seller – the entity managing the Service, ArtCollector, NIP 7543371520, REGON 7543371520, email address: contact@epicentrumgallery.com.
  • Client – a natural person, legal entity, or organizational unit without legal personality that uses Electronic Services or purchases Goods through the Service under the terms specified in the Regulations.
  • Guest – a Client using the Service https://galeriaepicentrum.com/ without having an Account or without being logged in.
  • Personal Data – all information identifying a natural person, including the IP address of the device, location data, online identifier, including information collected through cookies and other similar technologies, gathered and processed by the Seller under the terms specified in the Regulations and the Privacy Policy.
  • DSA – Regulation (EU) 2022/2065 of the European Parliament and the Council of October 19, 2022, on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act).
  • Consumer – a natural person entering into a legal transaction with the Seller not directly related to their business or professional activity.
  • Account – a free electronic service that allows for the separation of a section of the Service containing a collection of information and permissions assigned to a specific Client, marked with a unique name (login) and secured with a password, where the Client’s Personal Data and information about their activities within the Online Store, including the history of Orders placed and payments made, are stored.
  • Login – a sequence of characters entered by the Client during the Account creation process, enabling their later identification when using the Online Store. The Login, as a technical and unique sequence of characters, does not change after the Account is created.
  • Newsletter – a free electronic distribution service provided by the Seller via email, allowing all interested persons to periodically and automatically receive information from the Seller about products, news, promotions, contests, events, etc., provided under the terms described in the Regulations.
  • Payment Operator – the entity specified in the Service that handles the system for processing electronic payments.
  • Entrepreneur – a natural person, legal entity, or organizational unit without legal personality that has legal capacity and conducts business activities, including partners in a civil partnership within the scope of their business activities.
  • Entrepreneur with Consumer Rights – a natural person entering into an agreement with the Seller directly related to their business activity, where the content of the agreement indicates that it does not have a professional nature for that person, particularly based on the type of business activity conducted, as made available under the provisions on the Central Registration and Information on Business (CEIDG).
  • Regulations – this document defining the rights and obligations of the Seller and the Client/Guest, as well as the conditions for placing Orders and concluding Sales Agreements.
  • Registration – the process of creating an Account via the registration form available on the Service, consisting of the Client providing and saving the required data in the Service to gain access to certain Service resources. The Registration process includes, among other things, selecting an appropriate identifier (login), password, and contact details.
  • Service – the IT solution available at https://epicentrumgallery.com and potentially at other web addresses, consisting of a set of cooperating computer programs, databases, and accompanying elements (e.g., graphic components), connected into a single teleinformatics system that enables browsing content, registering, managing an Account, and ordering Goods by Clients.
  • Online Store – a functionality of the Service through which the Client/Guest can place an Order, purchase Goods, and use the Services offered by the Seller.
  • Provision of Electronic Services – the execution of a service without the simultaneous presence of the parties (remotely), through data transmission at the individual request of the Client, sent and received via electronic processing devices, including digital compression and data storage, which is entirely sent, received, or transmitted via a telecommunications network as defined by telecommunications law.
  • Goods – a movable item, in particular, a painting, sculpture, porcelain, artistic glass, graphics, artistic handicrafts, and other items offered for sale by the Seller within the Online Store.
  • Agreement – an agreement for the provision of electronic services concluded between the Client and the Seller using the Service under the terms specified in the Regulations.
  • Sales Agreement – a sales contract for Goods within the meaning of the Civil Code, concluded between the Seller and the Client using the Online Store.
  • Electronic Service – an automated service provided electronically via a telecommunications network using information technology that requires minimal human intervention.
  • Order – a declaration of intent by the Client, constituting an offer to conclude a Sales Agreement submitted to the Seller under the terms specified in the Regulations.

§3. GENERAL PROVISIONS

  1. The use of the Service is voluntary for every Client.
  2. The Service is provided by the Seller via the Internet as a resource of the teleinformatics and IT system.
  3. All rights to the Service, including proprietary copyrights, intellectual property rights to its name, domain name, and materials, belong to the Seller. Their use may only occur in a manner specified and compliant with the Regulations, applicable law, and general principles of using the Internet, without violating rights of the Seller or third parties from the first moment of using the service.
  1. The use of the Service includes any activity leading to familiarization with the content presented within it.
  2. Within the Service, the Seller offers the following electronic services:
    1. Browsing the content of the Service;
    2. Using an Account and its associated functionalities;
    3. Subscribing to the Newsletter;
    4. Placing Orders.
  3. Access to the full functionality of the Service requires Account Registration. Guests can only use limited functions of the Service under the terms specified in the Regulations.
  4. To successfully register an Account, the Client must thoroughly read and accept the provisions of the Regulations.
  5. Clients are prohibited from providing unlawful content and from using the Service in a manner contrary to the law, good customs, or in a way that violates the personal rights of third parties or the legitimate interests of the Seller. The following actions are particularly prohibited, as they may disrupt or destabilize the operation of the Service or harm the Seller’s reputation and goodwill:
    1. Sharing content that is illegal, harmful, threatening, obscene, violent, offensive, defamatory, vulgar, invasive of another person’s privacy, hateful, or otherwise objectionable;
    2. Impersonating any person or entity, or falsely stating or otherwise misrepresenting an affiliation with a person or entity;
    3. Attempting to disable, weaken, or destroy the Service;
    4. Transmitting, storing, or sharing content or code containing viruses, malicious code, malware, or any components intended to damage or limit the functionality of the Service;
    5. Taking actions that may overload the Service;
      as well as any other activities affecting the proper functioning of the Service.
  6. The use of the Seller’s trademarks, including distinctive graphic elements, data, and other information, without the Seller’s consent is strictly prohibited.
  7. The Client is entitled to use the resources of the Service solely for personal use. The Seller does not permit the use of the resources and functionalities available in the Service for any activity that would infringe on the Seller’s interests.
  8. In the event of a violation of the Regulations by the Client, the Seller will take appropriate actions based on the nature of the violation, including the possibility of Account deletion and blocking further Registration attempts.
  9. The Seller reserves the right to place advertising content in the Service regarding both its own products and services as well as those of its business partners, in forms commonly used on the Internet.
  10. The Seller will communicate with the Client using the email address provided by the Client during the registration process.
  11. These Regulations constitute an integral part of all sales agreements concluded by the Seller, including agreements entered into through Orders placed via email or telephone.
  12. In addition to these Regulations, supplementary regulations may apply, particularly concerning additional services.

§4. TECHNICAL REQUIREMENTS

  1. The use of the Service is possible provided that the Client meets the following technical requirements:
  • Has access to the Internet;
  • Possesses a terminal device (computer/tablet/mobile phone) enabling access to the Internet and equipped with a functioning operating system;
  • Has installed a web browser on the above-mentioned device that ensures access to Internet resources, such as, but not limited to, Internet Explorer, Google Chrome, Mozilla Firefox, Apple Safari, or another compatible browser that supports cookies.
  1. To use the full functionality of the services available on the Service, it is necessary to enable cookies and similar technologies in the Client’s web browser.
  2. To use certain services (e.g., Newsletter subscription, placing Orders), the Client must have an active email account on any server, allowing them to send, receive, and store messages and other data as part of an email service separate from the Service.
  3. The technical conditions for using the Service are crucial for its proper functioning and display in the web browser used by the Client, as well as for the security of the data presented on the Service. Every Client should comply with these conditions and guidelines; any actions taken in a different manner (intentional or unintentional) are done at their own risk.
  4. Before using the Service, the Client should check whether their terminal device meets the technical requirements specified in the Regulations. If there are doubts about the technical feasibility of using the Service, an inquiry should be sent to the Seller’s email address.
  5. The Seller will make reasonable efforts to ensure the correct operation of the Service; however, it does not guarantee that there will be no problems with accessing the content presented within the Service. Any such issues, along with a detailed description, should be reported to the Seller at their email address.
  6. The Seller informs that technical problems or limitations in the equipment used to access the Service (e.g., firewalls, incorrect browser versions, antivirus software, Adblock Plus or Flashblock software, etc.) may limit or prevent access to the electronic services offered.
  7. The Seller provides electronic services through the Service 24 hours a day, 7 days a week, throughout the entire year.
  8. The Seller reserves the right to perform maintenance breaks. Whenever possible, the Seller will inform about maintenance breaks and their duration through available means, particularly by posting appropriate notices on the Service.
  9. Any actions performed by third parties who have access to the Client’s terminal device while the Client is actively logged into the Service are recorded as actions of the Client. The Client bears full responsibility for any consequences of sharing their terminal device with others or leaving it unattended.
  10. The Seller is not responsible for any issues related to the use of the Service caused by the Client’s or Guest’s lack of Internet access.

§5. BROWSING THE CONTENT OF THE SERVICE

  1. Through the Service, the Seller allows interested users to browse its content, which occurs each time they enter the website. The use of this service does not require Registration, is entirely voluntary, and free of charge.
  2. The agreement for the provision of the service allowing the browsing of information on the Service is concluded for a fixed term and terminates when the user closes the website. The provisions of the Service’s Privacy Policy and Cookie Policy apply accordingly.
  3. The Seller reserves the right to remove, modify, or supplement the content presented on the Service at any time.

§6. ACCOUNT REGISTRATION

  1. An Account allows the Client to:
    a)    Place Orders;
    b)    Conclude Sales Agreements within the Online Store;
    c)    Review the history of placed Orders and completed payments.
  2. Account Registration is voluntary and free of charge. To complete Registration, the Client must thoroughly read and accept the Regulations.
  3. Each Client may register only one Account in the Service.
  4. To complete the Registration process, the Client must provide the required data in the registration form, choose an identifier (Login) and password, accept the Regulations by marking the appropriate checkbox, and then click the “Register” button or a similar option.
  5. Registration in the Service is not possible using a Login already taken by another Client.
  6. Submitting the completed registration form is equivalent to the Client declaring that the provided data is accurate and that they have the right to use it.
  7. After submitting the registration form, the Client will receive an email at the provided address containing an activation link and the current Regulations. From that moment, an indefinite-term agreement for the electronic provision of Account services is concluded, allowing the Client to log in and use the Service’s functionalities.
  8. To register via Facebook, Google, or Apple ID, the Client must select the respective login button (“Log in via Facebook,” “Log in via Google,” or “Log in via Apple ID”) and log into their account on Facebook.com, Google.com, or Apple ID, granting permission for the necessary registration data to be retrieved from the selected service.
  9. A registered and logged-in Client may edit and correct the data provided during Registration, except for the Login (identifier), which remains unchanged.
  10. The Client is obligated to keep their Login and password confidential. Sharing an Account with other Clients or engaging in any actions aimed at obtaining the passwords or Logins of other Clients is strictly prohibited.
  11. For individuals, full legal capacity is required to create an Account.
  12. A Client that is a legal entity or an organizational unit without legal personality is solely responsible for designating and maintaining an appropriate email address for correspondence with the Seller and ensuring that communication occurs only through an authorized person or persons.
  13. The Client may terminate the Agreement for the electronic service of maintaining an Account at any time by sending a direct request to the Seller’s email address.
  14. The Seller will delete the Client’s Account from the Service promptly, but no later than within 7 days of receiving the termination request. If the Client terminates the Agreement after placing an Order, the Seller will delete the Account no sooner than after the Order has been fulfilled.
  15. The Seller has the right to terminate the Agreement and delete the Account if the Client violates the provisions of the Regulations.
  16. Account deletion results in the termination of the Agreement, and from that moment, the Client loses access to information provided or generated during the use of the Service.
  17. In the event of the death of a Client who is a natural person, or the liquidation of a Client that is a legal entity or an organizational unit without legal personality, the Agreement for using the Service’s resources expires. The Seller will delete the Account upon receiving and verifying appropriate documentation confirming the circumstances leading to the termination of the Agreement.

§7. NEWSLETTER SERVICE

  1. The Newsletter service is free of charge and is available once successfully subscribed to (ordered) by selecting the appropriate option in the Order Form during an Order placement or through a dedicated Registration Form on the Service’s website.
  2. As part of the Newsletter service, the Seller sends an electronic bulletin to the email address provided by the Client, containing commercial information about the Seller’s products and services.
  3. The ability to use the Newsletter service depends on the recipient having an active and properly configured email account.
  4. Each Newsletter sent by the Seller includes:
    1. Information about the sender;
    2. A filled-in “subject” field indicating the content of the message;
    3. Information on how to unsubscribe from the Newsletter.
  5. The Newsletter service is provided for an indefinite period. The Client may unsubscribe from the Newsletter service at any time and without providing a reason, particularly by clicking the deactivation link included in each Newsletter email or by sending a request to the Seller via email or in writing to the Seller’s registered office address.

§8. ONLINE STORE

  1. The Online Store is available at https://galeriaepicentrum.com. Using its functionalities is free of charge.
  2. Information about Goods presented in the Online Store does not constitute an offer within the meaning of the Civil Code but serves as an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code.
  3. A prerequisite for purchasing Goods through the Online Store is reading and accepting the Regulations and properly placing an Order. The Client may accept the Regulations explicitly or implicitly, for example, by continuing to use the Service after reviewing or having the opportunity to review the Regulations, particularly by placing an Order.
  4. Orders are accepted via the forms available directly in the Online Store.
  5. An Order placed through the Online Store is effective if the Client correctly fills out the Order Form, providing the required Personal Data, choosing a payment method, and specifying the delivery address and method.
  6. Orders in the Online Store can be placed 24/7, but orders submitted on non-working days (Sundays and holidays) will be processed on the next business day.
  7. An Order constitutes an offer within the meaning of the Civil Code, submitted to the Seller by the Client.
  8. Selecting a Good is done by adding it to the virtual shopping cart. Placing a Good in the virtual cart does not constitute its reservation. If the available stock of Goods runs out before the Client confirms their Order, the Seller reserves the right to refuse the purchase and not fulfill the Order, of which the Client will be promptly informed.
  9. After the Client provides all the necessary details, an Order Summary will be displayed, containing:
  • The Order subject (list of selected Goods);
  • The unit and total price of the ordered Goods;
  • The chosen delivery method and its cost;
  • The selected payment method.
  1. During the Order process, before clicking the ORDER AND PAY button, the Client can modify the entered data, including the selection of Goods, according to the displayed prompts and instructions.
  2. Clicking the ORDER AND PAY button constitutes the Client’s offer to purchase the selected Goods under the terms described in the Regulations.
  3. After successfully placing an Order, the Client will receive an email from the Seller containing essential details regarding their Order, including the number of ordered Goods, their price and delivery costs, the selected delivery and payment method, and the estimated processing time. The confirmation of Order receipt does not mean the Seller has accepted the Client’s offer.
  4. Upon receiving the Order, the Seller will verify it and then send the Client a confirmation email to the provided email address, confirming the execution of the Order (“Order Fulfillment Confirmation“). This confirmation is equivalent to the Seller’s acceptance of the Client’s offer and the conclusion of a Sales Agreement under the terms described in the Regulations.
  5. During the fulfillment of the Order (i.e., after it has been placed), the Client cannot modify the details included in the Order.
  6. If only part of the Order is accepted for fulfillment by the Seller, the Sales Agreement applies only to the Goods confirmed by the Seller.
  7. The Order Fulfillment Time, meaning the time in which the Seller prepares the Order and hands it over for shipping, is indicated on the webpage displaying the description of the given Good.
  8. The Order is fulfilled once the Seller has received the payment.

§9. DELIVERY TERMS

  1. The Seller delivers the Goods to the Buyer under the conditions specified in the Order.
  2. Deliveries are made on Business Days. Orders placed on non-working days are considered placed on the first Business Day following the Order placement date.
  3. Delivery of Goods is subject to a fee. The Buyer bears the delivery costs (including transportation, shipment, and postal service fees). The applicable costs are specified during the Order placement process.
  4. If the value of the Buyer’s purchase exceeds 100 euros, a complementary insurance policy payable by the buyer shall be taken out.
  5. Personal pickup of the Goods by the Buyer is free of charge and possible only after prepayment.
  6. The shipment of the Goods occurs only after the payment has been made and the funds have been credited to the Seller’s bank account.
  7. The Goods are delivered to the address provided by the Buyer. Acceptance of the package by the Buyer or by a person who proves they are authorized to receive the package on their behalf is considered successful delivery of the Goods.
  8. The Seller is not responsible for errors in the delivery address provided by the Buyer, nor for the loss or damage of the Goods if the shipment is left by the courier or carrier at the request and with the consent of the Buyer at an unauthorized person’s address, including but not limited to a security guard, building manager, or neighbor.
  9. In the event of non-delivery or that an item is missing or damaged, the Buyer shall notify the carrier within the prescribed periods (48 hours to seven days depending on the destination).
  10. At the moment of the Goods’ delivery, all benefits and burdens associated with the item, as well as the risk of accidental loss or damage, transfer to the Buyer.
  11. For a Buyer who is a Consumer, the delivery is considered completed upon receipt of the Goods from the carrier or freight forwarder.
  12. It is recommended that the Buyer (if they are a Consumer) inspect the Goods upon delivery in the presence of the carrier’s or freight forwarder’s representative. If any damage to the shipment is detected, the Consumer is advised to prepare a damage report and immediately contact the Seller.
  13. For a Buyer who is an Entrepreneur, the delivery is considered completed when the Seller entrusts the Goods to the carrier or freight forwarder.
  14. A Buyer who is an Entrepreneur is obligated to inspect the Goods upon delivery in the presence of the carrier’s or freight forwarder’s representative. If any damage to the shipment is found, the Entrepreneur must prepare a damage report and notify the Seller immediately.
  15. In the case of an unjustified refusal by the Client to accept the shipment, the Seller has the right to charge the Client for the shipping and return costs to the sender.
  16. The Seller offers the option to place an Order with delivery to selected countries outside Poland.
  17. The fulfillment of such Orders is subject to the Regulations with the following exceptions:
  • The Goods are delivered by a courier service to the specified address in/outside Poland;
  • The estimated delivery time for each country can be checked here: [link]. Order delivery may be delayed during peak shopping periods, such as the holiday season; however, the Seller strives to ensure that the Goods arrive within 7 days from the confirmation of shipment and order fulfillment;
  • The option of a free return is not available for international shipments.

§10. PRICES AND PROMOTIONS

  1. Sale prices are displayed next to each Good offered on the Service.
  2. All prices presented within the Service are in Euros (€) and include VAT (gross prices).
  3. The parties are bound by the price of the Good at the moment when the Client places a valid Order, which is subsequently accepted by the Seller.
  4. Prices do not include delivery costs or other additional charges related to the Sales Agreement, particularly any extra fees applied by payment operators.
  5. The Seller reserves the right to change prices of Goods offered in the Online Store. Any price changes do not apply to Orders placed before the price update.
  6. The Seller reserves the right to introduce and cancel promotions at any time. This does not affect Orders placed before the promotion conditions took effect.
  7. Within announced promotions, the Seller may impose specific limitations, which will be detailed in the promotion terms.
  8. Promotions in the Online Store cannot be combined, unless otherwise specified in the promotion regulations.

§11. PAYMENTS

  1. Payment transactions within the Service are handled by external Payment Operators.
  2. To make a payment in the Service, the Client must have a payment card, a bank account, or another payment method supported by the Payment Operator (available payment methods).
  3. After selecting a specific payment method, the Client must provide the necessary details required by the Payment Operator to complete the transaction.
  4. Before making a payment, the Client must review and accept the payment regulations provided by the respective Payment Operator.
  5. The payment regulations mentioned in point 4 above define the responsibilities of the Payment Operator regarding the proper execution of the payment service, as well as the complaint handling procedures related to payments made through their system.
  6. For certain payment methods, the external Payment Operator may charge the Client additional fees, such as foreign transaction fees or other charges related to the selected payment method. To obtain detailed information, the Client should contact the Payment Operator handling the payment.
  7. By accepting the Regulations, Clients who are not Consumers agree to receive VAT invoices and invoice corrections electronically.

§12. WITHDRAWAL FROM THE AGREEMENT

  1. A Client who is a Consumer, as defined in the Consumer Rights Act of May 30, 2014 (Dz.U. 2014 poz. 827), or an Entrepreneur with Consumer Rights, has the right to withdraw from the Agreement within 14 (fourteen) days from its conclusion. For Sales Agreements, the withdrawal period is 14 (fourteen) days from the moment the Consumer/Entrepreneur with Consumer Rights or a designated third party (other than the carrier) takes possession of the Goods, without the need to provide any reason.
  2. The withdrawal period for a Sales Agreement starts from the day the Client takes possession of the Goods, or the day a designated third party (other than the carrier) receives the Goods. The withdrawal deadline is considered met if the Client sends a withdrawal statement before the 14-day period expires.
  3. To exercise the right of withdrawal, the Client must inform the Seller by submitting a clear withdrawal statement. This statement may be made using the withdrawal form, which is Annex No. 1 (Consumer) or Annex No. 2 (Entrepreneur with Consumer Rights) to the Regulations, though its use is not mandatory.
  4. If the withdrawal from the Sales Agreement is successful, the Agreement is considered not concluded. The Seller will immediately, but no later than 14 days from receiving the Client’s withdrawal statement, refund all payments received, including the cost of delivery, except for additional costs resulting from the Client’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller.
  5. The refund will be processed using the same payment method used by the Client, unless the Client explicitly agrees to a different method that does not involve additional costs.
  6. The Seller may withhold the refund until the Goods have been returned or until the Client provides proof of shipment, whichever occurs first.
  7. The Client must return the purchased Goods immediately, but no later than 14 days from the date of withdrawal from the Agreement.
  8. The Client bears the costs of returning (sending back) the Goods.
  9. An Entrepreneur with Consumer Rights loses consumer protection rights if the Sales Agreement is deemed professional in nature, as verified based on their business registration in the Central Register and Information on Business Activity of the Republic of Poland (CEIDG), particularly based on the Polish Classification of Activities (PKD) codes associated with their business operations.
  10. Entrepreneurs with Consumer Rights are not covered by the institutional consumer protection provided by district consumer rights advocates or the President of the Office of Competition and Consumer Protection (UOKiK).
  11. The right to withdraw from a distance contract does not apply to contracts where the subject of the service is a non-prefabricated good that has been manufactured according to the consumer’s specifications or is intended to meet their individualized needs.

§13. COMPLAINTS

  1. The Seller is responsible to the Consumer for non-performance or improper performance of the contract or if the subject of the contract has a defect.
  2. Any complaints related to the reasons mentioned in point 1 above should be submitted to the Seller’s email address, including a description of the complaint, the reasons for filing it, and Consumer identification details.
  3. Complaints do not cover defects, malfunctions, or irregularities arising from:
    1. Errors or mistakes made by the Consumer;
    2. Improper functioning of the Consumer’s web browser or internet connection;
    3. Actions by third parties that are not involved in the Service’s provision at the Seller’s initiative.
  4. If the information provided in the complaint requires completion, before processing the complaint, the Seller will ask the Consumer to supplement the missing information.
  5. The Seller will process the complaint within 14 days of its receipt. If additional information is needed, this deadline starts from the date the completed complaint is received.
  6. The response to the complaint, including its resolution, will be sent only to the email address provided by the Consumer. In exceptional cases, including upon the Consumer’s explicit request, the Seller may send the response to another email address or in written form to the Consumer’s correspondence address.
  7. If the complaint is rejected, the Consumer has the right to alternative dispute resolution (ADR) mechanisms.
  8. Detailed information about alternative dispute resolution (ADR) methods can be found on the UOKiK website: http://www.uokik.gov.pl.
  9. The Consumer may also use the Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/consumers/odr. This platform facilitates the resolution of disputes between consumers and businesses seeking out-of-court resolution of contractual obligations arising from online sales agreements or service agreements.
  10. The dispute may also be resolved by an arbitration court, provided that the complaint process has been completed, and both parties agree to it. In all other cases, potential disputes will be settled by courts of jurisdiction in accordance with the provisions of the Code of Civil Procedure and general jurisdiction rules.

§14. PROVISIONS APPLICABLE TO ENTREPRENEURS

  1. The provisions of this paragraph apply to Clients who are Entrepreneurs and do not apply to Consumers or Entrepreneurs with Consumer Rights.

 

  1. In the case of Sales Agreements between Entrepreneurs, pursuant to Article 558 § 1 of the Civil Code, the Seller excludes its liability for warranty claims regarding physical and legal defects of the offered Goods.
  2. The Seller’s liability towards an Entrepreneur, regardless of its legal basis, is limited—both for a single claim and for all claims in total—to the amount of the price paid for the Goods. The Seller is liable to the Entrepreneur only for typical, foreseeable damages at the time of concluding the Sales Agreement and is not liable for lost profits.
  3. Any disputes between the Seller and the Entrepreneur shall be resolved by the court competent for the Seller’s registered office.

§15. INTELLECTUAL PROPERTY RIGHTS

  1. The content of the Service, which includes but is not limited to texts, graphics, logos, sound effects, video materials, registered trademarks, compilations, layouts, the appearance of the Service, and the software ensuring its operation, is subject to copyrights or industrial property rights and is legally protected. Copyrights belong to the Seller and/or their creators.
  2. The Client is not authorized to copy, distribute, reproduce, aggregate, or modify any data or other information published on the Service. In particular, automated downloading of the Service’s content and presenting it outside the Service is strictly prohibited without written permission from the Seller. However, direct linking to materials available within the Service is permitted.

§16. PERSONAL DATA PROTECTION

  1. The Seller, as the administrator of Personal Data, undertakes to implement all necessary technical and organizational measures appropriate to the level of risk to ensure the security of all Personal Data and content provided by the Client in connection with their use of the Service.
  2. Personal Data is processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals regarding the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (GDPR), as well as the Polish Personal Data Protection Act of May 10, 2018 (Dz.U. 2018, item 1000). A Client who has registered in the Service has the right to access, correct, and request the cessation of processing of their Personal Data. Personal Data can be viewed and modified by logging into the Service through an individual Account.
  3. Detailed rules regarding the processing of Clients’ Personal Data are described in the Privacy Policy, available on the Service’s website.

§17. FINAL PROVISIONS

  1. The Seller reserves the right to change the Regulations at any time. Such changes may be caused by legislative amendments, changes in legal practices, technological developments, or modifications in the Service’s usage rules. The new Regulations come into effect on the day of publication in the Service on the “Regulations” subpage.
  2. For Agreements concluded before the amendment of the Regulations, the version of the Regulations in force at the time of Agreement conclusion shall apply.
  1. In the case of continuous agreements concluded under these Regulations (e.g., Electronic Service – Account), the amended Regulations shall be binding on the Client, provided that the requirements set forth in Articles 384 and 384¹ of the Civil Code are met—namely, that the Client was properly informed of the changes and did not terminate the agreement within 14 calendar days from the date of notification.
  2. The Seller will inform the Client of Regulation changes no later than 14 days before the planned effective date by sending an email notification to the Client’s email address, indicating the effective date of the changes and attaching the updated Regulations, as well as publishing an announcement on the Service’s website.
  3. Changes to the Seller’s contact details or modifications due to a change in the legal form of the business do not constitute an amendment to the Regulations.
  4. These Regulations do not exclude or limit any rights of Consumers that they are entitled to under mandatory legal provisions. In the event of a conflict between the provisions of these Regulations and mandatory legal provisions granting Consumers specific rights, the mandatory legal provisions shall prevail.
  5. If any provision of these Regulations is amended or declared invalid by a competent authority or court, the remaining provisions shall remain in full force and effect, binding both the Client and the Seller.

These Regulations come into effect on 01.03.2025.